Tuesday, May 13, 2008
Claim Preclusion and the Contract Disputes Act of 1978
You may have noticed the case of Phillips/May Corp. v. United States thanks to the folks over at the Appellate Review Blog, but, if not, here is a link to the decision out of the Federal Circuit on whether the Contract Disputes Act of 1978 ("CDA") alters the normal res judicata prohibition on claim splitting. The court held "Congress definitively rejected the idea that the CDA was abrogating the doctrine of claim preclusion and permitting the splitting of claims based on the same set of transactional facts."--Counseller/jm
https://lawprofessors.typepad.com/civpro/2008/05/claim-preclusio.html